Reading Room Document
Power to Remove Court-Appointed U.S. Attorneys
This document discusses the issue of whether the power to remove a U.S. Attorney appointed by a district court is vested in the President, the Attorney General, or the appointing court. The conclusion reached is that the power to remove a court-appointed U.S. Attorney rests with the President, as stated in 28 U.S.C. § 541(c). The document also presents questions regarding the potential effect on the Attorney General's ability to manage the Department's business and whether the President can delegate certain supervisory and disciplinary powers. The main conclusion is that the President has the power to remove a court-appointed U.S. Attorney, and the questions presented for review include the potential impact on the Attorney General's management abilities and the President's ability to delegate supervisory and disciplinary powers.
The OLC's Opinions
Opinions published by the OLC, including those released in response to our FOIA lawsuit